Opening Pandora's Box: Good Faith and Precontractual Liability in the CISG

51 Pages Posted: 4 Mar 2009 Last revised: 16 Jun 2009

See all articles by Lisa Spagnolo

Lisa Spagnolo

Monash University - Faculty of Law

Date Written: February 26, 2009

Abstract

An issue that remains unresolved in relation to the United Nations Convention on Contracts for the International Sale of Goods is the role played by good faith. As its name implies, the CISG governs the formation of certain contracts across international boundaries. Because its good faith provision applies to formation, it might follow that the CISG deals with precontractual liability. Of those who have considered this question, a minority argue that it does. However, it is not the aim of this article to answer that question. Instead, this article seeks to critically assess the interpretive methodologies of both sides, identify often unspoken policy choices behind those views, and consider the potential effects of those policies on the CISG's future as a viable and frequent choice of law.

Keywords: United Nations Convention on Contracts for the International Sale of Goods, good faith, precontractual liability, efficiency dilemma, cost-benefit

JEL Classification: K0, K00, K19, K29, K39, K33

Suggested Citation

Spagnolo, Lisa, Opening Pandora's Box: Good Faith and Precontractual Liability in the CISG (February 26, 2009). Temple International & Comparative Law Journal, Vol. 21, No. 2, 2007, Monash University Faculty of Law Legal Studies Research Paper No. 2007/37, Available at SSRN: https://ssrn.com/abstract=1350088

Lisa Spagnolo (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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